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Surety <br /> <br /> PERFORMANCE BOND <br /> <br /> Bond No. 929172889 <br /> <br />KNOW ALL MEN BY THESE PRESENTS, That we, BFI Waste Systems of North America, Inc. <br />225 Shoreway Rd. San Carlos CA 94064 <br />as Principal, and the National Fire Insurance Company of Hartford <br />a CT corporation, as Surety, subject to the Conditions, Limitations and Exclusions of this <br />Performance Bond, ara firmly bound unto City of Redwood City, California <br />P. O. Box 391 Redwood City CA 94064 <br />hereinafter referred to as the Obiigee, for such monetary amount as incurred by the Obligea, not to exc=cd <br />rite penal sum of Two Million Two Hundred Fifty Six Thousand Dollars ($2~256~000.00 ), <br />as may be required to remedy any contractual default by the Principal in the performance of that certain <br />written contri~t between Principal and Obligea dated for Solid Waste <br />Collection <br />hereinafter referred to es the Contract; for the payment hereof, we bind ourselves, our heirs, executors, <br />administrators and successors, joinUy and eavereily. <br /> <br />CONDITIONS <br /> <br />The obligation of this Performance Bond shall be null and void unless: (1) the above Conffsct is in wdtiug, <br />and has been fully executed by both the Principal and the Obligea; (2) the Principal i$ actually in default <br />under the above Contract, and is declared by the Obligea thereafter to be in default; (3) the Obligea has <br />performed all of the obligations of the Obligea under the above Contract; and (4) the Obligea has provided <br />written notice of the default to the Surety as promptly as possible, and in any event, within tan (10) days <br />after such default. <br /> <br />MMrFATION8 AND EXCLUSION8 <br /> <br />The Surety, as the sole election and discretion of the Surety, may take any of the following actions: <br /> <br /> (1) With notice to the Obllgee, provide financial assistance ~ the Principal to remedy any <br /> contractual default by the Principal; or, <br /> <br /> (2) Undertake the completion of the above Contract by the Surety, through its agents or through <br /> independent contractors; or, <br /> <br /> (3) Determine the amount for which the Surety may be liable to the Obligea, and as soon as a <br /> practicable thereafter, tender payment thereof to the Obltgea; or, <br /> <br /> (4) Pay the full amount of the above penal sum in complete dl~',,harge and exoneration of this <br /> Performance Bond, and of all liabilities of the Surety relating thereto. <br /> <br />If the Surety ~0 electa to act, all payments and expanditur~ by the Surety shall be applied against the <br />above penal sum and in reduction of the limit of liability of the Surety. <br /> <br /> <br />